S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5352--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 13, 2025
                                ___________
 
 Introduced  by  M.  of  A. KELLES, TAPIA, LUNSFORD, GLICK, CLARK, MEEKS,
   GONZALEZ-ROJAS, SOLAGES, SIMPSON, JENSEN, K. BROWN --  read  once  and
   referred  to  the  Committee  on Children and Families -- reported and
   referred to the Committee on Codes -- reported  and  referred  to  the
   Committee  on  Ways  and  Means -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend  the  social  services  law,  in  relation  to  outdoor,
   nature-based child care
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and statement of purpose. The legisla-
 ture hereby finds that it is in the interest of  the  state  to  provide
 children  with  the  opportunity to learn and develop in natural outdoor
 environments. Not only do outdoor activities  promote  physical  fitness
 and reduce the risk of obesity and related health issues among children,
 but  numerous studies have shown that exposure to nature enhances cogni-
 tive abilities, creativity, problem-solving skills, and  overall  mental
 health.  In  addition,  outdoor child care fosters a sense of connection
 and appreciation for the natural environment, promotes  the  development
 of  self-efficacy,  autonomy, and overall confidence in interacting with
 the natural environment, instills  environmental  values,  and  promotes
 sustainable practices.
   The  purpose  of  this act is to recognize the importance of nature in
 children's development by providing them with access to outdoor learning
 environments, thereby encouraging them to engage in physical  activities
 and  explore  nature,  fostering  a  naturally healthy lifestyle from an
 early age and contributing to the development and well-being of children
 in our state and,  ultimately,  contributing  to  the  preservation  and
 conservation of our natural resources.
   §  2.  Subdivision  1  of  section  390  of the social services law is
 amended by adding a new paragraph (h) to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08350-04-5
              

 A. 5352--A                          2
 
   (H) "OUTDOOR, NATURE-BASED CHILD CARE" SHALL MEAN A PROGRAM CARING FOR
 CHILDREN THAT:  (I)  ENROLLS  PRESCHOOL  OR  SCHOOL-AGE  CHILDREN;  (II)
 PROVIDES  EARLY  LEARNING SERVICES IN AN OUTDOOR SPACE FOR NOT LESS THAN
 FOUR HOURS PER DAY OR FIFTY PERCENT OF THE TOTAL  DAILY  PROGRAM  HOURS,
 WHICHEVER  IS  LESS; AND (III) EMPLOYS A CURRICULUM WITH NATURE TO TEACH
 ENROLLED CHILDREN.
   § 3. Section 390 of the social services law is amended by adding a new
 subdivision 2-b to read as follows:
   2-B. (A) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ESTABLISH AN
 OUTDOOR, NATURE-BASED CHILD CARE PROGRAM, SHALL ADOPT  RULES  AND  REGU-
 LATIONS TO IMPLEMENT SUCH PROGRAM, AND MAY WAIVE OR ADAPT EXISTING CHILD
 CARE  LICENSING  REQUIREMENTS  DESIGNED FOR INDOOR CHILD CARE FACILITIES
 WHERE NECESSARY IN ORDER TO ALLOW FOR THE OPERATION OF LICENSED OUTDOOR,
 NATURE-BASED CHILD CARE CLASSROOMS, INCLUDING BUT NOT LIMITED  TO  RULES
 FOR:    (I)  ENSURING ADEQUATE SHELTER TO ENSURE SAFETY DURING INCLEMENT
 WEATHER BUT NOT REQUIRING  A  BUILDING  CONFIGURED  FOR  INDOOR  PROGRAM
 DELIVERY;  (II)  USE OF BUILDINGS FOR EMERGENCIES; (III) FIRE DRILLS FOR
 PROGRAMS WITHOUT A PERMANENT INDOOR SPACE; (IV) REQUIREMENTS RELATED  TO
 THE  SAFETY OF CHILDREN DURING INCLEMENT WEATHER CONDITIONS AND ACCOUNT-
 ING FOR OUTDOOR HAZARDS; (V) REPORTING OF FALLS, CUTS, AND  SCRAPES,  OR
 OTHER  MINOR  NON-EMERGENCY INJURIES; (VI) ADDITIONAL TRAINING FOR STAFF
 IN SKILLS FOR OUTDOOR CHILD CARE SETTINGS, INCLUDING  OUTDOOR  CLASSROOM
 MANAGEMENT, BEHAVIOR MANAGEMENT, RISKY PLAY ANALYSIS, DIRECTIONAL PROFI-
 CIENCY  IN THE USE OF CARDINAL DIRECTIONS, COMPASSES, AND THE NAVIGATION
 OF NATURAL TERRAIN, FAMILIARITY WITH FLORA AND FAUNA,  WILDERNESS  FIRST
 AID  AND  SKILLS;  AND  (VII)  MINIMUM STANDARDS FOR AN OUTDOOR, NATURE-
 BASED, EARLY LEARNING CURRICULUM.
   (B) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL CONVENE AN  ADVI-
 SORY  GROUP  OF  OUTDOOR,  NATURE-BASED  EARLY LEARNING PRACTITIONERS TO
 INFORM AND SUPPORT IMPLEMENTATION OF  THE  OUTDOOR,  NATURE-BASED  CHILD
 CARE  PROGRAM.    SUCH  ADVISORY  GROUP  SHALL REVIEW BEST PRACTICES AND
 RESEARCH FOR OUTDOOR EDUCATION  AND  CHILD  CARE  IN  OUTDOOR  EDUCATION
 SETTINGS  AND HELP INFORM THE DEVELOPMENT OF OUTDOOR, NATURE-BASED CHILD
 CARE REGULATIONS, INCLUDING MINIMUM STANDARDS FOR A  NATURE-BASED  EARLY
 LEARNING  CURRICULUM.  THE  ADVISORY GROUP SHALL BE COMPENSATED ONLY FOR
 TRAVEL.
   (C) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL ESTABLISH A PILOT
 PROGRAM FOR LICENSED OUTDOOR, NATURE-BASED CHILD CARES IN ORDER TO:
   (I) EXPAND ACCESS TO AFFORDABLE, HIGH-QUALITY EARLY LEARNING AND CHILD
 CARE PROGRAMS; AND
   (II) INVESTIGATE THE BENEFITS OF OUTDOOR, NATURE-BASED CLASSROOMS.
   (D) THE OFFICE OF CHILDREN AND FAMILY SERVICES SHALL SELECT, OR DEVEL-
 OP WITH ELIGIBLE CHILD CARE PROVIDERS, UP TO TEN  OUTDOOR,  NATURE-BASED
 CHILD CARE PROGRAMS TO PARTICIPATE IN THE PILOT PROGRAM DURING THE FIRST
 YEAR OF THE PILOT PROGRAM.
   (E)  WHEN  SELECTING  AND  APPROVING  OUTDOOR, NATURE-BASED CHILD CARE
 PROGRAMS TO PARTICIPATE IN THE PILOT PROGRAM, THE OFFICE OF CHILDREN AND
 FAMILY SERVICES SHALL:
   (I) GIVE PRIORITY TO:
   (1) EXISTING  OUTDOOR,  NATURE-BASED  CHILD  CARE  PROGRAMS  THAT  ARE
 ALREADY LICENSED AS CAMPS; AND
   (2)  EXISTING  LICENSED  CHILD CARE CENTERS OR REGISTERED FAMILY CHILD
 CARE HOMES SEEKING TO EXPAND INTO NATURE-BASED EARLY LEARNING;
   (3) AREAS WHERE THERE ARE FEW OR LIMITED LICENSED CHILD CARE PROGRAMS;
 AND
 A. 5352--A                          3
 
   (4) AREAS OF NEED WHERE LICENSED CHILD CARE PROGRAMS ARE  AT  OR  NEAR
 FULL  CAPACITY,  AND  WHERE ACCESS MAY BE RESTRICTED BY ENROLLMENT WAIT-
 LISTS.
   (II)  TO  THE  EXTENT  PRACTICABLE,  SELECT A MIX OF RURAL, URBAN, AND
 SUBURBAN PROGRAMS.
   (F) WITHIN TWO YEARS AFTER THE ESTABLISHMENT OF THE PILOT PROGRAM, THE
 OFFICE OF CHILDREN AND FAMILY  SERVICES  SHALL  PREPARE  AND  PUBLISH  A
 REPORT ON THE ACTIVITIES AND OUTCOMES OF THE OUTDOOR, NATURE-BASED CHILD
 CARE PILOT PROGRAM.
   § 4. Subdivision 2 of section 390 of the social services law, as added
 by  chapter 750 of the laws of 1990, paragraph (a) as amended by section
 3, clause (A) of subparagraph  (ii)  of  paragraph  (d)  as  amended  by
 section 4 and paragraph (d-1) as added by section 2-a of part H of chap-
 ter  56  of the laws of 2019 and subparagraphs (i) and (ii) of paragraph
 (d) as amended by chapter 416 of the laws of 2000, is amended to read as
 follows:
   2. (a) Child day care centers OR  OUTDOOR,  NATURE-BASED  CHILD  CARES
 caring for seven or more children and group family day care programs, as
 defined  in subdivision one of this section, shall obtain a license from
 the office of children and family services and shall operate in  accord-
 ance  with the terms of such license and the regulations of such office.
 Initial licenses and subsequent licenses shall be valid for a period  of
 up  to  four  years  so  long  as  the provider remains substantially in
 compliance with applicable law and regulations during such period.
   (b) Family day care homes, child day care centers caring for at  least
 three  but fewer than seven children, OUTDOOR, NATURE-BASED CHILD CARES,
 and school-age child care programs shall register  with  the  department
 and shall operate in compliance with the regulations of the department.
   (c)  Any  child  day  care  provider  not required to obtain a license
 pursuant to paragraph (a) of this subdivision or to  register  with  the
 department  pursuant  to  paragraph (b) of this subdivision may register
 with the department.
   (d) (i) The office of children and family  services  shall  promulgate
 regulations  for licensure and for registration of child day care pursu-
 ant to this section. Procedures for obtaining a license or  registration
 or  renewing  a  license  shall include a satisfactory inspection of the
 facility OR OUTDOOR, NATURE-BASED CHILD CARE by the office  of  children
 and  family services prior to issuance of the license or registration or
 renewal of the license.
   (ii) (A) Initial registrations and subsequent registrations  shall  be
 valid  for  a period of up to four years so long as the provider remains
 substantially in compliance with applicable law and  regulations  during
 such period.
   (B)  After  initial  registration  by the child day care provider, the
 office of children and family services shall not accept  any  subsequent
 registration by such provider, unless:
   (1)  such  provider  has  met  the  training requirements set forth in
 section three hundred ninety-a of this title;
   (2) such provider has met the requirements of  section  three  hundred
 ninety-b of this title relating to criminal history screening;
   (3)  such  provider has complied with the requirements of section four
 hundred twenty-four-a of this article; and
   (4) the office  of  children  and  family  services  has  received  no
 complaints  about the home, center, OUTDOOR, NATURE-BASED CHILD CARE, or
 program alleging statutory or regulatory violations, or, having received
 such complaints, the office of children and family services  has  deter-
 A. 5352--A                          4
 
 mined,  after  inspection pursuant to paragraph (a) of subdivision three
 of this section, that the  home,  center,  OUTDOOR,  NATURE-BASED  CHILD
 CARE, or program is operated in compliance with applicable statutory and
 regulatory requirements.
   (C)  Where  the  office of children and family services has determined
 that a registration should not be continued because the requirements  of
 clause  (B)  of this subparagraph have not been satisfied, the office of
 children and family services may  terminate  the  registration.  If  the
 office  of children and family services does not terminate the registra-
 tion, the office of children and family services shall inspect the home,
 OUTDOOR, NATURE-BASED CHILD CARE, or program  before  acknowledging  any
 subsequent  registration.    Where the home, OUTDOOR, NATURE-BASED CHILD
 CARE, or program has failed to meet the requirements  of  this  section,
 the  office  of  children  and family services may reject any subsequent
 registration of a provider. Nothing herein shall prohibit the office  of
 children and family services from terminating or suspending registration
 pursuant to subdivision ten of this section where the office of children
 and  family services determines that termination or suspension is neces-
 sary.
   [(iv)] (III) Child day care providers who have been issued  a  license
 shall openly display such license in the facility, OUTDOOR, NATURE-BASED
 CHILD  CARE LOCATION, or home for which the license is issued. Child day
 care providers who have registered with  the  department  shall  provide
 proof of registration upon request.
   (d-1)  (i) The office of children and family services shall promulgate
 regulations for inspections of enrolled legally exempt providers,  which
 shall  include  the completion of a satisfactory inspection of the prem-
 ises where care is to be provided, by the office of children and  family
 services.
   (ii)  Provided  however, unless a complaint is made in or as otherwise
 authorized such inspections shall not  be  required  when  the  enrolled
 legally  exempt  provider  is  an individual, age eighteen or older, and
 who, by virtue of blood, marriage or court decree, is,  to  all  of  the
 children  that  such person is enrolled to provide subsidized child care
 services to in accordance with title five-C of this article:
   (A) a grandparent;
   (B) a great-grandparent;
   (C) a sibling, provided that such sibling resides in a separate house-
 hold from the child; OR
   (D) [an aunt; or
   (E) an uncle] A SIBLING OF A PARENT.
   (e) Notwithstanding any other provision of this section, where a child
 is cared for by a parent, guardian or relative within the  third  degree
 of  consanguinity of the parent of such child and such person simultane-
 ously provides child day care for other children, only the  other  chil-
 dren  shall  be  considered  in  determining whether such person must be
 registered or licensed, provided that such  person  is  not  caring,  in
 total, for more than eight children.
   §  5.  Subdivision  2-a  of section 390 of the social services law, as
 added by chapter 416 of the laws of 2000, is amended to read as follows:
   2-a. (a) The office of children and family services  shall  promulgate
 regulations  which  establish  minimum  quality program requirements for
 licensed  and  registered  child  day  care  homes,  programs,  OUTDOOR,
 NATURE-BASED  CHILD  CARES  and  facilities.    Such  requirements shall
 include but not be limited to (i) the need for  age  appropriate  activ-
 ities,  materials  and  equipment  to  promote  cognitive,  educational,
 A. 5352--A                          5
 
 social, cultural, physical, emotional, language and recreational  devel-
 opment  of  children  in  care in a safe, healthy and caring environment
 (ii) principles of childhood development (iii)  appropriate  staff/child
 ratios  for family day care homes, group family day care homes, OUTDOOR,
 NATURE-BASED CHILD CARES, school age day  care  programs  and  day  care
 centers, provided however that such staff/child ratios shall not be less
 stringent  than  applicable staff/child ratios as set forth in part four
 hundred fourteen, four hundred sixteen, four hundred seventeen  or  four
 hundred  eighteen  of  title  eighteen of the New York code of rules and
 regulations as of January first, two thousand (iv) appropriate levels of
 supervision of children in care (v) minimum  standards  for  sanitation,
 health,  infection control, nutrition, buildings and equipment, THE SIZE
 AND SUITABILITY OF A FACILITY OR LOCATION FOR AN  OUTDOOR,  NATURE-BASED
 CHILD  CARE,  safety,  security  procedures, first aid, fire prevention,
 fire safety, evacuation plans and drills, prevention of child abuse  and
 maltreatment,  staff  qualifications  and  training, record keeping, and
 child behavior management.
   (b) The use of electronic monitors as a sole means of  supervision  of
 children  in  day care shall be prohibited, except that electronic moni-
 tors may be used in family day care homes  and  group  family  day  care
 homes as an indirect means of supervision where the parents of any child
 to  be  supervised have agreed in advance to the use of such monitors as
 an indirect means of  supervision  and  the  use  of  such  monitors  is
 restricted to situations where the children so supervised are sleeping.
   (c) No child less than six weeks of age may be cared for by a licensed
 or  registered  day  care  provider, except in extenuating circumstances
 where prior approval for care of such children has  been  given  by  the
 office  of  children  and family services. Extenuating circumstances for
 the purposes of this section shall include but not  be  limited  to  the
 medical or health needs of the parent or child, or the economic hardship
 of the parent.
   §  6.  Paragraphs  (c)  and (d) of subdivision 3 of section 390 of the
 social services law, as amended by chapter 416 of the laws of 2000,  are
 amended to read as follows:
   (c)  (i)  The office of children and family services shall establish a
 toll-free statewide telephone number to receive  inquiries  about  child
 day  care homes, OUTDOOR, NATURE-BASED CHILD CARES, programs and facili-
 ties and complaints of violations of the requirements of this section or
 regulations promulgated under this section. The office of  children  and
 family  services  shall  develop a system for investigation, which shall
 include inspection, of such complaints. The office of children and fami-
 ly services may provide for  such  investigations  through  purchase  of
 services.  The  office  of  children and family services shall develop a
 process for publicizing such toll-free telephone number  to  the  public
 for  making inquiries or complaints about child day care homes, OUTDOOR,
 NATURE-BASED CHILD CARES, programs or facilities.
   (ii) Information to be maintained and available to the public  through
 such toll-free telephone number shall include, but not be limited to:
   (A)  current  license and registration status of child day care homes,
 OUTDOOR, NATURE-BASED CHILD CARES,  programs  and  facilities  including
 whether  a  license  or registration is in effect or has been revoked or
 suspended; and
   (B) child care  resource  and  referral  programs  providing  services
 pursuant  to  title  five-B of this article and other resources known to
 the office of children and family services which  relate  to  child  day
 A. 5352--A                          6
 
 care  homes,  OUTDOOR, NATURE-BASED CHILD CARES, programs and facilities
 in the state.
   (iii)  Upon  written  request  identifying a particular child day care
 home, OUTDOOR, NATURE-BASED CHILD CARE, program or facility, the  office
 of  children and family services shall provide the information set forth
 below. The office of children and family services may charge  reasonable
 fees for copies of documents provided, consistent with the provisions of
 article six of the public officers law. The information available pursu-
 ant to this clause shall be:
   (A)  the results of the most recent inspection for licensure or regis-
 tration and any subsequent inspections by the  office  of  children  and
 family services;
   (B)  complaints  filed  against child day care homes, OUTDOOR, NATURE-
 BASED CHILD CARES, programs or facilities which describes the nature  of
 the  complaint  and states how the complaint was resolved, including the
 status of the office of children and family services investigation,  the
 steps  taken to rectify the complaint, and the penalty, if any, imposed;
 and
   (C) child day care homes, OUTDOOR, NATURE-BASED CHILD CARES,  programs
 or  facilities which have requested or received a waiver from any appli-
 cable rule or regulation,  and  the  regulatory  requirement  which  was
 waived.
   (iv) Nothing in this paragraph shall be construed to require or permit
 the  disclosure  either  orally or in writing of any information that is
 confidential pursuant to law.
   (d) Where investigation or inspection reveals that a  child  day  care
 provider  which  must  be  licensed  or registered is not, the office of
 children and family services shall advise the child day care provider in
 writing that the provider is in violation of the licensing or  registra-
 tion  requirements and shall take such further action as is necessary to
 cause the provider to comply with the law, including directing an  unli-
 censed  or  unregistered  provider  to cease operation. In addition, the
 office of children and family services shall  require  the  provider  to
 notify  the  parents  or  guardians  of children receiving care from the
 provider that the provider is in violation of the licensing or registra-
 tion requirements and shall require the provider to notify the office of
 children and family services that the provider has done so.  Any provid-
 er who is directed to cease operations pursuant to this paragraph  shall
 be  entitled  to  a  hearing  before  the  office of children and family
 services. If the provider requests a hearing to contest the directive to
 cease operations, such hearing must be scheduled to commence as soon  as
 possible but in no event later than thirty days after the receipt of the
 request  by the office of children and family services. The provider may
 not operate the  center,  OUTDOOR,  NATURE-BASED  CHILD  CARE,  home  or
 program  after being directed to cease operations, regardless of whether
 a hearing is requested. If the provider does not cease  operations,  the
 office of children and family services may impose a civil penalty pursu-
 ant  to  subdivision eleven of this section, seek an injunction pursuant
 to section three hundred ninety-one of this title, or both.
   § 7. Paragraph (b) of subdivision 4  of  section  390  of  the  social
 services law, as added by chapter 750 of the laws of 1990, is amended to
 read as follows:
   (b) Any family day care home, OUTDOOR, NATURE-BASED CARE or school-age
 child  care program licensed, registered, or certified by the department
 or by any authorized agency on the effective date of this section  shall
 be deemed registered until the expiration of its then-current license or
 A. 5352--A                          7
 
 certificate  unless  such license or certificate is suspended or revoked
 pursuant to subdivision ten of this  section.  Family  day  care  homes,
 OUTDOOR,  NATURE-BASED  CHILD  CARES, and school-age child care programs
 not  licensed,  registered,  or  certified on the effective date of this
 section shall register pursuant to subdivision two of this section.
   § 8. Subdivision 6 of section 390 of the social services law, as added
 by chapter 750 of the laws of 1990, is amended to read as follows:
   6. Unless otherwise limited by law, a parent with legal custody  or  a
 legal  guardian  of  any  child  in  a child day care program shall have
 unlimited and on demand access to such child or  ward.  Such  parent  or
 guardian  unless  otherwise limited by law, also shall have the right to
 inspect on demand during its hours of operation any area of a child  day
 care  center, group family day care home, school-age child care program,
 OUTDOOR, NATURE-BASED CHILD CARE LOCATION or family  day  care  home  to
 which  the  child or ward of such parent or guardian has access or which
 could present a hazard to the health and safety of the child or ward.
   § 9. Subdivision 8-a of section 390 of the  social  services  law,  as
 added by chapter 354 of the laws of 2009, is amended to read as follows:
   8-a.  The office of children and family services shall not make avail-
 able to the public online any group family  day  care  home  provider's,
 OUTDOOR,  NATURE-BASED CHILD CARE PROVIDER'S, or family day care provid-
 er's home street address or map showing the location of such  provider's
 home  OR  OUTDOOR,  NATURE-BASED CHILD CARE LOCATION where such provider
 has requested to opt out of the online availability of this information.
 The office shall provide a written form informing a  provider  of  their
 right  to opt out of providing information online, and shall also permit
 a provider to request to opt out through the office's website.
   § 10. Subdivision 10 of section 390 of the  social  services  law,  as
 amended  by  chapter  416  of  the  laws  of 2000, is amended to read as
 follows:
   10. Any home, OUTDOOR, NATURE-BASED CHILD CARE, or facility  providing
 child  day care shall be operated in accordance with applicable statutes
 and regulations. Any violation of  applicable  statutes  or  regulations
 shall be a basis to deny, limit, suspend, revoke, or terminate a license
 or    registration.    Consistent   with   articles   twenty-three   and
 twenty-three-A of the  correction  law,  and  guidelines  referenced  in
 subdivision  two of section four hundred twenty-five of this article, if
 the office of children and family services is made aware of  the  exist-
 ence  of  a criminal conviction or pending criminal charge concerning an
 operator of a family day care home, group family day care home,  school-
 age  child  care program, OUTDOOR, NATURE-BASED CHILD CARE, or child day
 care center or concerning any assistant, employee or volunteer  in  such
 homes,  programs  or  centers,  or  any persons age eighteen or over who
 reside in such homes, such conviction or charge may be a basis to  deny,
 limit,  suspend, revoke, reject, or terminate a license or registration.
 Before any license issued pursuant to the provisions of this section  is
 suspended  or  revoked,  before registration pursuant to this section is
 suspended or terminated, or when an  application  for  such  license  is
 denied  or  registration  rejected,  the applicant for or holder of such
 registration or license is entitled, pursuant to section  twenty-two  of
 this  chapter  and  the regulations of the office of children and family
 services, to  a  hearing  before  the  office  of  children  and  family
 services.  However,  a  license  or  registration  shall  be temporarily
 suspended or limited without a hearing upon written notice to the opera-
 tor of the facility following a finding that the public  health,  or  an
 individual's  safety or welfare, are in imminent danger. The holder of a
 A. 5352--A                          8
 
 license or registrant is entitled to a  hearing  before  the  office  of
 children  and  family  services  to  contest the temporary suspension or
 limitation. If the holder of a license or registrant requests a  hearing
 to  contest the temporary suspension or limitation, such hearing must be
 scheduled to commence as soon as possible but in  no  event  later  than
 thirty  days  after the receipt of the request by the office of children
 and family services.  Suspension  shall  continue  until  the  condition
 requiring suspension or limitation is corrected or until a hearing deci-
 sion  has  been  issued.  If  the office of children and family services
 determines after a hearing that the temporary suspension  or  limitation
 was  proper,  such  suspension or limitation shall be extended until the
 condition requiring suspension or limitation has been corrected or until
 the license or registration has been revoked.
   § 11. Subdivision 11 of section 390 of the  social  services  law,  as
 added  by  chapter  750  of  the laws of 1990, paragraphs (a) and (b) as
 amended and paragraph (d) as added by chapter 416 of the  laws  of  2000
 and  paragraph  (c) as amended and paragraph (e) as added by chapter 117
 of the laws of 2010, is amended to read as follows:
   11. (a) (i) The office of children and  family  services  shall  adopt
 regulations  establishing  civil  penalties of no more than five hundred
 dollars per day to be assessed against child day care centers,  OUTDOOR,
 NATURE-BASED  CHILD  CARES, school age child care programs, group family
 day care homes or family day care homes for violations of this  section,
 sections three hundred ninety-a and three hundred ninety-b of this title
 and any regulations promulgated thereunder. The regulations establishing
 civil penalties shall specify the violations subject to penalty.
   (ii)  The  office  of  children  and family services shall adopt regu-
 lations establishing civil  penalties  of  no  more  than  five  hundred
 dollars  per  day  to  be  assessed against child day care providers who
 operate child day care centers, OUTDOOR, NATURE-BASED  CHILD  CARES,  or
 group  family day care homes without a license or who operate family day
 care homes, school-age child care programs, or child  day  care  centers
 required to be registered without obtaining such registration.
   (iii)  In  addition to any other civil or criminal penalty provided by
 law, the office of children and family services shall have the power  to
 assess civil penalties in accordance with its regulations adopted pursu-
 ant  to  this  subdivision  after a hearing conducted in accordance with
 procedures established by regulations of  the  office  of  children  and
 family  services.  Such procedures shall require that notice of the time
 and place of the hearing,  together  with  a  statement  of  charges  of
 violations,  shall be served in person or by certified mail addressed to
 the school age child care program, group family day  care  home,  family
 day  care  home,  OUTDOOR,  NATURE-BASED  CHILD  CARE, or child day care
 center at least thirty days prior to the date of the hearing. The state-
 ment of charges shall set  forth  the  existence  of  the  violation  or
 violations,  the  amount  of  penalty  for  which the program may become
 liable, the steps which must be taken  to  rectify  the  violation,  and
 where  applicable,  a statement that a penalty may be imposed regardless
 of rectification. A written answer to the charges of violations shall be
 filed with the office of children and family services not less than  ten
 days  prior  to  the date of hearing with respect to each of the charges
 and shall include all  material  and  relevant  matters  which,  if  not
 disclosed  in  the  answer,  would  not likely be known to the office of
 children and family services.
   (iv) The hearing shall be held by the commissioner of  the  office  of
 children  and family services or the commissioner's designee. The burden
 A. 5352--A                          9
 
 of proof at such hearing shall be on the office of children  and  family
 services  to  show  that the charges are supported by a preponderance of
 the evidence. The commissioner of the  office  of  children  and  family
 services   or  the  commissioner's  designee,  in  [his  or  her]  THEIR
 discretion, may allow the child day care center operator or provider  to
 attempt  to  prove  by  a  preponderance  of the evidence any matter not
 included in the answer. Where the child day care provider satisfactorily
 demonstrates that it has rectified the violations in accordance with the
 requirements of paragraph (c) of this subdivision, no penalty  shall  be
 imposed except as provided in paragraph (c) of this subdivision.
   (b)(i) In assessing penalties pursuant to this subdivision, the office
 of  children  and  family  services may consider the completeness of any
 rectification made and the specific circumstances of such violations  as
 mitigating factors.
   (ii)  Upon  the request of the office of children and family services,
 the attorney general shall commence an action in any court of  competent
 jurisdiction   against  any  child  day  care  program  subject  to  the
 provisions of this subdivision and against any person, entity or  corpo-
 ration  operating such center or school age child care program, OUTDOOR,
 NATURE-BASED CHILD CARE, group family day care home or family  day  care
 home  for the recovery of any penalty assessed by the office of children
 and family services in accordance with the provisions of  this  subdivi-
 sion.
   (iii)  Any  such penalty assessed by the office of children and family
 services may be released or compromised by the office  of  children  and
 family  services  before  the  matter  has been referred to the attorney
 general; when such matter has been referred  to  the  attorney  general,
 such  penalty may be released or compromised and any action commenced to
 recover the same may be settled and discontinued by the attorney general
 with the consent of the office of children and family services.
   (c)(i) Except as provided for in this  paragraph,  a  child  day  care
 provider  shall  avoid  payment  of  a  penalty imposed pursuant to this
 subdivision  where  the  provider  has  rectified  the  condition  which
 resulted  in the imposition of the penalty within thirty days of notifi-
 cation of the existence of the violation of statute or regulation.
   (ii) [Clause] SUBPARAGRAPH  (i)  of  this  paragraph  notwithstanding,
 rectification shall not preclude the imposition of a penalty pursuant to
 this subdivision where:
   (A)  the child day care provider has operated a child day care center,
 OUTDOOR, NATURE-BASED CHILD CARE, or group family day care home  without
 a  license,  has  refused  to seek a license for the operation of such a
 center or home, or has continued to operate such a center or home  after
 denial  of  a  license application, revocation of an existing license or
 suspension of an existing license;
   (B) the child day care provider has operated a family day  care  home,
 OUTDOOR, NATURE-BASED CHILD CARE, school-age child care program or child
 day  care center required to be registered without being registered, has
 refused to seek registration for the operation of  such  home,  OUTDOOR,
 NATURE-BASED  CHILD  CARE, program or center or has continued to operate
 such a home, program or center after denial of a  registration  applica-
 tion,  revocation of an existing registration or suspension of an exist-
 ing registration;
   (C) there has been a total or substantial failure  of  the  facility's
 fire detection or prevention systems or emergency evacuation procedures;
   (D) the child day care provider or an assistant, employee or volunteer
 has failed to provide adequate and competent supervision;
 A. 5352--A                         10

   (E) the child day care provider or an assistant, employee or volunteer
 has failed to provide adequate sanitation;
   (F)  the  child day care provider or an assistant, employee, volunteer
 or, for a family day care home or group family day care home,  a  member
 of  the  provider's household, has injured a child in care, unreasonably
 failed to obtain medical attention for a child in  care  requiring  such
 attention, used corporal punishment against a child in care or abused or
 maltreated a child in care;
   (G)  the  child  day  care provider has violated the same statutory or
 regulatory standard more than once within a six month period;
   (H) the child day care provider or an assistant, employee or volunteer
 has failed to make a report of suspected  child  abuse  or  maltreatment
 when required to do so pursuant to section four hundred thirteen of this
 article; or
   (I) the child day care provider or an assistant, employee or volunteer
 has  submitted  to  the  office of children and family services a forged
 document as defined in section 170.00 of the penal law.
   (d) Any civil penalty received by the office of  children  and  family
 services  pursuant  to this subdivision shall be deposited to the credit
 of the "quality child care and protection fund" established pursuant  to
 section ninety-seven-www of the state finance law.
   (e)(i)  The  office  of  children and family services shall deny a new
 application for licensure or registration made by a  day  care  provider
 whose license or registration was previously revoked or terminated based
 on  a  violation of statute or regulation for a period of two years from
 the date that the revocation or termination of the license or  registra-
 tion  became  finally  effective,  unless such office determines, in its
 discretion, that approval of the application will not in any  way  jeop-
 ardize  the health, safety or welfare of children in the center, program
 or home. For the purposes of this paragraph, the date that  the  revoca-
 tion or termination became finally effective shall be, as applicable:
   (A) the date that the revocation or termination became effective based
 on the notice of revocation or termination;
   (B)  the date that the hearing decision was issued upholding the revo-
 cation or termination;
   (C) the date of issuance of a final court order affirming the  revoca-
 tion  or  termination  or  affirming  a hearing decision that upheld the
 revocation or termination; or
   (D) another date mutually agreed upon by the office  of  children  and
 family services and the provider.
   (ii)(A)  Such  office  shall  deny  a new application for licensure or
 registration made by a day care provider who is  enjoined  or  otherwise
 prohibited  by  a  court  order  from  operation  of  a day care center,
 OUTDOOR, NATURE-BASED CHILD CARE, group family day care home, family day
 care home or school-age child care program without a license  or  regis-
 tration  for  a  period  of  two  years from the date of the court order
 unless the court order specifically enjoins the provider from  providing
 day  care  for  a period longer than two years, in which case the office
 shall deny any new application made by the provider while  the  provider
 is so enjoined.
   (B)  Such  office shall deny a new application for licensure or regis-
 tration made by a day care provider  who  is  assessed  a  second  civil
 penalty  by  such office for having operated a day care center, OUTDOOR,
 NATURE-BASED CHILD CARE, group family day care  home,  family  day  care
 home  or school-age child care program without a license or registration
 for a period of two years from the date of  the  second  fine.  For  the
 A. 5352--A                         11
 
 purposes  of this paragraph, the date of the second fine shall be either
 the date upon which the day care provider signs a stipulation  agreement
 to  pay  the  second  fine  or the date upon which a hearing decision is
 issued  affirming  the determination of such office to impose the second
 fine, as applicable.
   (iii) A day care provider who surrenders  the  provider's  license  or
 registration while such office is engaged in enforcement seeking suspen-
 sion,  revocation or termination of such provider's license or registra-
 tion pursuant to the regulations of such office, shall be deemed to have
 had their license or registration revoked or  terminated  and  shall  be
 subject  to  the prohibitions against licensing or registration pursuant
 to subparagraph (i) of this paragraph for a period of two years from the
 date of surrender of the license or registration.
   § 12. This act shall take effect immediately.